Old Bailey Proceedings Online (www.oldbaileyonline.org, version 7.2, 31 March 2015), October 1726 (17261012).

Old Bailey Proceedings, 12th October 1726.

THE PROCEEDINGS AT THE Sessions of the Peace, and Oyer and Terminer, For the CITY of LONDON. AND ON

The King's Commission of Goal-Delivery of Newgate, held at Justice-Hall in the Old-Baily; for the CITY of London, and COUNTY of Middlesex.

ON

Wednesday, Thursday, Friday and Saturday, being the 12th, 13th, 14th, and 15th of October, 1726. in the Thirteenth Year of His MAJESTY'S Reign.

BEFORE the Right Honourable Sir FRANCIS FORBES , Knt. Lord Mayor of the City of London; the Right Honourable Lord Chief Justice Raymond, the Honourable Mr Baron Price , and John Raby , Serjeant at Law; and other His Majesty's Justices of Goal Delivery, and Oyer and Terminer aforesaid; together with several of His Majesty's Justices of the Peace for the said City of London.

London Jury.

Richard Ives

Thomas Whiting

John Richardson

Richard George

Henry Woodcock

Thomas Downs

Benjamin Collier

John Frate

Stephen Nichols

Walter Hammond

Robert Trimmer

Samuel Briscoe

Middlesex Jury.

Thomas Ingram

Williams Thame

William Frith

Thomas Richmond

Thomas Harrison

Thomas Sams ,

Benjamin Timbrele

William Baker

John Clark

Nicholas Sanders

Charles Benn

Thomas Rumbale

Sarah Douglas was indicted for assaulting Thomas Cooper (a boy ) in the High-way, and robbing him of two Holland Half-pence, and 18 pence , October 3 .

Thomas Cooper thus depos'd. About 10 at Night the Prisoner met me near Aldgate , and thrust me up in a Corner and swore she'd cut my Throat if I did not give her all that I had about me. A Man belonging to her (as I suppose) came up to us. I was Sadly frighted, and gave her 2 Holland Doits and 18 Pence; and then seeing a Man coming along with a Lanthorn, I called out for help! The Woman was brought to the Watch-House, and the 2 Holland Pieces were found upon her, but she denied the 18 Pence.

William Bishop thus depos'd. The Boy calling the Watch, I went up to him, and found him with a Man and a Woman; he said the Man had rob'd him. I carried the Man to the Watch-House, and then the Boy told me I should have brought the Woman too, for he knew not which of 'em it was that had got his Money. Soon after he had spoken, the Prisoner came in of her own accord, and said, Are not you a wicked young Rogue, to say that I rob'd you, when you gave me these two Copper Pieces to go down an Alley with you. The Man was cleared before the Justice, and the Jury acquitted the Prisoner.

Henry Jones was indicted for privately stealing three Shillings and six Pence from John Page , Sept. 22 .

John Page thus depos'd. About a Week ago I was drinking with the Prisoner at the House of Mr. Club, the Feathers in Watling Street . I made a Shift to get drunk and fell asleep, and so I lost my Money.

Thomas Club thus depos'd. While Page was asleep, I saw the Prisoner put his Hand into Page's Pocket, and just as he drew it out again, I stept up to him and laid hold of his Hand. You Rogue, I'll have no such doings in my House, says I. What do ye mean, Says he. Mean, says I, why, I saw ye pick the Man's Pocket. He swore he had got nothing in his Hand. I bid him open it then, but he would not, and thereupon I and another Man wrench'd open his Hand, and found 3 s. 6d. in it. There was no persuading him to return it to the Prosecutor, for he said it was his own, and that the Prosecutor had borrowed it of him. Several other Witnesses depos'd to the same Effect, and the Jury found him Guilty . Death .

Joseph Rashfield , was indicted for Stealing a silk Gown, value 30 Shillings, the Goods of Joshua Taylor , a Fustian Coat, value 20 Shillings, the Goods of William Taylor , 3 Silk Gowns value 10 l. and a Petticoat, and other things , the Goods of Anne Edwards on the 27 of August , and

Elizabeth Field , was indicted for receiving part of the said Goods, knowing them to be Stoln . The Fact appeared thus: John Bains , a Waterman, had received a Bundle from Mrs. Taylor on Fish Street-Hill, and a Box from Mr. Sale in Newgate Street. These 2 Parcels he put into his Boat, which lay at Church-yard Stairs near the Bridge. He left the Boat there about a quarter of an Hour. At his Return the Boat was gone, and he afterwards found it at St. Mary Overies Stairs. It was carried thither, and the Goods taken out of it by the Prisoner Rashfield, who delivered 'em to Anne Bines and Sarah Rice , and they carried great part of 'em to the Prisoner Field, who gave 'em 3 Pounds for what was worth about 10, and told 'em that she would Lock any thing that they could speak with, though it was the King's Crown, meaning, that she would buy any thing that they could Steal. Advertisements being spread among the Pawnbrokers; and Bines and Rice having pledged another of the Growns to William Wood in Worcester Street in the Park Southwark, he apprehended 'em, and they impeached the Prisoner. Guilty .

Stephen Austin thus depos'd. While I was at St. Dunstan's Church , I saw a Hand reach my Hat from a back Seat; I heard that Mr. Barefoot followed the Thief and took the Hat upon him. Barefoot not appearing, the Evidence was insufficient, and the Jury quitted the Prisoner.

Thomas Pye thus depos'd. About 10 at Night I and 2 or 3 more Butchers were going along Long-lane, and two Fellows came out of Charter-house-street and followed us. I presently felt my Apron-strings cut and mist my Steel; I turned about, and a Boy said to me, Yonder goes the Man that cut your Apron-string, he took your Steel, and gave it to another.

Jonathan Ward (a Boy) thus depos'd. I saw the Butchers going along, and the Prisoner come behind and cut the Prosecutor's Apron-string, take away his Steel, and give it to a Man in a great Coat. The Prosecutor turned about, and said he had lost his Steel. I shew'd 'em which was the Man that took it. The Prisoner ran into Barbican, and there was taken. Robert Crouch thus depos'd. As I stood up to piss in Long-lane, I saw the Prisoner cut my Brother Butcher's Apron-string, but I thought he had been an Acquaintance of his, and was only playing the Rogue in Jest, I did not presently offer to stop him. The Prisoner was an old Offender, he had been an Evidence against Blewit and his Gang, and had not been a Week out of Goal when he was taken for this Fact. The Jury found him Guilty of the Indictment. Death .

Joseph Smith , and David Anderson , were indicted for privately stealing from Thomas Collier a Coat and Waist-coat value 30 Shillings, a Hat, a pair of Silver Buckles, a Handkerchief, a pair of Gloves, a Tobacco-box, a Knife and Fork, half a Guinea, and 25 Shillings on the 2nd of August .

Thomas Collier thus depos'd. I had been a drinking with some Friends at the King's-Arms-Tavern at Charing-Cross, and so got fuddled, as a Man may say, and we parted about 10 at Night, and I went along the Strand, as I think they call it, in order to go to my Lodging at the George Inn at Holborn-Bridge; I was a stranger in this Town, and whither I went, or what I did with my self I cannot tell, but I fell asleep somewhere or other, and when I waked, I found my self upon my Back without either Hat or Wig, or Coat or Wastcoat. It was mortal Dark, and I look'd up and saw nothing but the Sky above me, and in a great Amazement I was; says I to my self, what will become of me? Where am I? In the World or out of it? At last I lookt a little lower and saw the tops of the Houses, and then I be thought my self I was got into some Town or other, and was lying in the middle of a dark Alley without any Clothes upon my Back, though still I was strangely confounded to think which way I got there, and how I came to be in such a sad Condition: However, I made shift to get upon my Legs, and quickly came into a Street that lookt a little lighter; and as I was going along, I spied a Man making Candles: I inquired of him where about I was, and he ask'd me how I came to be in that Pickle. I told him that I could give no other Account of it but that I came from Whitney and had lost my self. Pray, says he, do ye know Mr. Busby in Whitney? Yes very well, says I and every me body else in that Town, and so upon that he lent me a Cap and a great Coat, and carried over to an Ale-house, where I staid till day-light, and then sent for some of my Friends. When they came, they went with me to look for what I had lost, and there we went up and down till we met one Joseph Smith with my Clothes upon his Back, my Cane in his Hand, and my Wig in his Pocket; but whether or no that was the same Joseph that stands here at the Barr I cannot tell, it may, and it may not, but I believe he has got my Wastcoat on his Back at this time; its true the Wastcoat that I lost was a black one, and this that he has got is a Grey, but its all one for that, a black Man may turn grey, and so may a black Waistcoat.

Edmund Purser and John Ellis thus depos'd. We had been drinking with the Prosecutor over Night at the Kings-Arms at Charing-Cross: he was fuddled when he went away, and I desired him to send for a Coach, but he said he'd try how his Legs would carry him first, and so we parted. About 6 a-clock next Morning Word was brought us that the Prosecutor was at the Rose and Crown Ale-House in Drury-lane, and that he had been rob'd and stript and left asleep in the Street. We quickly found him, and took him with us to look for the Persons that had rob'd him. We made Enquiry after ill Houses, and were particularly directed to Castle-Alley in Mercer's Street near Long-Acre, and there found the Prisoner Smith with the Goods upon him.

Barbara Hughsly thus depos'd. Betweed 7 and 8 in the Morning the Prosecutor and others came to my House and took my Maid Servant from the Fire, and said she was the Woman that caus'd the three Soldiers to rob him. While they were in the Alley, the Prisoner Joseph Smith came out of a House with the Prosecutor's Cloths upon his Back and his Cane in his Hand. I went to seize him, and he offered to thrust the cane in my Face, but the People being with me we secured him.

Thomas Parker thus depos'd. Several People came to my House in the Morning, and Collier who was with them told me, that he had been rob'd by some body thereabouts. Why, says I, there are but few Houses in this Alley, and if some of you will stand at one end, and some at another to see who goes out, the rest may search within. By and by we saw Joseph Smith come out of Green's House. I took the Prosecutor's Cane and Wig from him, and ask'd him how he came by 'em. He said he found them in Broad St. Giles's, and that he bought the Coat in Crown-Court; but after we came from the Justice's with him, he told us that the other Prisoner Anderson and Country will were concerned with him in the Robbery, and desired us to look after them, and especially the last, for says he, That Country Will is the greatest Rogue of us all, for he has got all the Money and has run away with it.

Mary Williams thus depos'd. Between 2 or 3 in the Morning, I met the Prosecutor in Drury Lane, and ask'd him to give me a dram, and so he went with me to a Gin Shop, and treated me with three or four Quarterns, and then he desir'd me to help him to a Lodging, whereof I carry'd him to Welch Kates in Farr's Ally. Fanny Olifphant was one of her Lodgers, and the Prisoner Smith us'd to keep Company with her; And so when we came to Kates Door, we could not have a Lodging there, but however the Prosecutor (who was very drunk) gave me a six Pence (as I thought it to be) for my trouble. The Prisoner Smith, was sitting at the same time upon a Bank over against us; He came up to me, and swore he'd go snacks with me, I told him I had got no more that 6 pence from him, why then D - ye for a Bitch says he, get about your business, or by G - I'll murder ye, for I'll have the rest of his Cole my Self. I was glad to get out of the way, but as I turn'd the Corner of the Ally, I look'd back, and saw him knock the Prosecutor down, and what he did more I can't tell, for I went to Chalkleys Night-house in Princes-Street, and then I found that the Money, that the Prosecutor had given me, half a Guinea instead of a Sixpence.

Smith Confest before the Justice that himself, the other Prisoner, and Country Will , and Jenny Austin , took the Prosecutors Money and Cloths, when Moll Williams left him at Welsh Kates Door. There being nothing against Anderson, but Smiths Confestion, which could not affect him, the Jury Acquitted him, and found Smith Guilty . Death .

John Thomson , was indicted for the Murder of Sarah Thomson his Wife , alias Sarah Smith Widow, by throwing her into a Ditch, where she was suffocated, and instantly dy'd on the 9th of September last. He was a 2d Time indicted on the Coroners Inquisition for the said Murder.

Robert Philpot thus depos'd. Between 5 and 6 on Monday Morning, a couple of Men coming by my Door, said that there was a Woman lay dead in a Ditch in Farthing Fields at Stepney . I ran thither and took her up, and laid her upon the Bank, she was not quite Cold, her Throat was cut about two Inches in length, but not to the Windpipe. The Wound did not seem to be an accidental Scratch, but done with a sharp Instrument.

- Mathews thus depos'd. The Prisoner and the Deceas'd lodged together in my House in King Street Stepney. On the Sunday Morning before the Murder, the Deceas'd came down Stairs crying, and said, that her Husband had not come home all Night, but was got along with another Woman in Gravel Lane, and she knew not what to do. I advis'd her to get a Warrant and take him up, she said, that she did not care to do that, because it would expose him too much, but she'd go and see if the could find him. She went about 9 a Clock, and return'd about ten, and said, that she had found him a Bed with the Other Woman, who got up and beat her. The Prisoner in about an hour after, came to an Ale-house next door to me, and sent for the Deceas'd, she went, and I could hear her cry, and talk to him, but could not distinguish the words. Then the came home with her, and at Noon she fetch'd in some rost Pork for Dinner. I left them together, and went out. I return'd about 9 at Night and went to Bed. The Prisoner was not then within, but between Ten and Eleven, he came and knockt at the Door, and call'd out Sarah! Sarah! He having made a disturbance with her before, I did not care to let him in, and at last the got up, and let him in herself. I did not hear him go out again, but between 2 and 3 I was awaked with another knocking at the Door. The Deceas'd open'd her Window, and the Person at the Door ask'd if the Sailor was within, for the Prisoner had been a Sailor . The Deceas'd answered no, he was been gone out about an Hour; I got up about six, and found the Key under the Street Door; I open'd it, and looking out, saw the Prisoner coming towards me. O Mr. Matthews says he, My poor Sarah is kill'd, she lies in Farthing Fields with her Throat Cut. - But see was none of my Wife.

Sarah Perrin thus depos'd. The Prisoner and I lay on the same Floor in the Garret. On Sunday Morning she said, she could bear her Husbands usage no longer, she must go see for him, for he should keep no Woman under her Nose. She went and came back crying, with her Face (well'd, and her Headcloths torn. I went to the House says she, and knocks at the Door, but no body would open it. The Bed stood near the Window, and so I put my Hand though a broken pane of Glass, and pull'd the Curtain aside, and saw them a Bed together. Then I told them if they would not let me in, I'd fetch a Constable, upon which, the bold Baggage got up and open'd the Door, and as soon as I come in, she flew in my Face as if she'd 'a' scratch'd my Eyes out, but my Husband got out of Bed and parted us. A little before Noon the Prisoner sent for her to the next Door Ale-house, and from thence came home with her, and went out again after Dinner. He knockt at the Door about a 11 at Night, and she desir'd me not to let him in, for she was resolved never to Bed with him any more, but he continuing to knock and call, she let him in herself. When he came up, he asked her why she let him stand to long at the Door, and said something to her about what he'd do to the other Woman, which I believe the Deceas'd was pleas'd with, for I heard her Laugh, after which they went quietly to Bed together. A man call'd at the Door about 3 in the morning, and she look'd out of the Window and said, he had been gone an Hour, but whether he was then gone, or she only deny'd him to keep him within I am not certain, but I did not hear her go to Bed again. About 4 she open'd her Garret Door, and went down as I suppose with the Chamber Pot, and I think I heard no body else go out; She soon came up again in a sort of a hurry, and set the Pot upon the Stair-head, and went down a second time, and shut the Door after her.

Sarah Smith the Daughter of the Deceas'd thus depos'd. About 8 a Clock on Monday Morning, the Prisoner came to me at my Mistress's and told me my Mother was very bad, and desired to Speak with me, I asked when she was taken ill, and he answer'd About one in the Morning. Our work was in hast, and my Mistress did not care to let me go, except there was a great occasion, and says I, Is my Mother dangerously Ill? What ails her? To which he made no answer, but by and by all on a sudden he said, It signifies nothing to hide it any longer, - She's dead, she has Cut her own Throat, and lies in Farthing Fields. Then my Mistress let me go with him, and by the way he talk'd if he fear'd that some People would think hard of him, about my Mothers Death, and I said, if there was any danger, he had better go out of the way, No says he, that will look as if I was Guilty, but if I stay, it with took as if I was Innocent. In Church Lane we met a Creature that ask'd him to drink, I told her, he could not go with her then, and the swore he should, upon which he promis'd to meet her at a House in King-street in about 2 hours; Then, says she. There is a Woman murder'd, - I know it, says he, and this is her Daughter, meaning me, and so they parted. I ask'd him who that Woman was, and he said it was his Daughter; As we went forward, several call'd after us, and said, That's the Old Rogue that murder'd his Wife, and so at last he was apprehended in Rateliffe High-way.

Mr. Thomas the Surgeon thus depos'd. The Wound in the Deceas'd Throat was very slight, it was about 2 Inches long, and just penetrated the Skin, without dividing any of the large Vessels. One side of her Head appear'd to be tumify'd which I take to be the cause of her Death, for I found no water in her Stomach, which there would have been if she had been Drowned, or had breathed under water.

The Prisoner thus made his Defence. The Deceas'd was not my Wife, I parted from her about Midnight, and took my Shovel in my Hand, for at 2 a Clock I was to heave Ballast a-broad a Ship, I went directly to Betty Thomas 's Room, and lay with her, she call'd me about 2 a Clock, and said it was time for me to go and heave Ballast. I thought it was hardly worth while to rise so soon for an Eight-penny Jobb, and so I lay still till between 5 and 6 in the Morning, and then I got up, and went over the Fields. I saw the Deceas'd lying dead, and several People looking at her, I did not much wonder at it, because she had attempted to cut her Throat before.

The Prisoner could not produce Betty Thomas to prove, that he was with her when the Deceas'd was kill'd, but he call'd - Butcher, who depos'd, that about 3 Months ago, he heard the Deceas'd say, that she had a good mind to cut her own Throat, because her Husband (the Prisoner) was Jealous of her. The Jury Acquitted him.

Hester George , was indicted for the Murder of her Bastard Male Infant, by throwing it into a Privy, where it was Suffocated and instantly dy'd on the 28 of August last. She was a 2d Time indicted on the Coroners Inquisition for the said Murder.

Isabel Brown thus depos'd. I often told Mrs. Holiday, that I thought the Prisoner was with Child. - I went to see her one-Day when she was very ill, and had purging and vomiting, and there was Caudie in the Room, and then I believ'd that she was brought to Bed.

Mary Stanford thus depos'd. On Sunday the 28th of August, between 7 and 8 in the Evening, I was sitting at my Door, which is next door to Mrs. Holidays in Pall-Mall, and her Maid Betty Franks was with me, and so up comes the Prisoner in a Riding Hood, and ask'd me how I did, I told her I had been very ill, And so have I too, says she, and after a little more Chat, she desir'd me to let her go to my necessary House, which I did, and she came back in about 2 Minutes, and staid talking with us about half a quarter of an Hour. On the 6 of September following, the Night Men came to empty the Vault, and found a Child, which they laid upon some Straw in the Yard, and said they must charge a Constable with it, before it was carried away. - It was a Male Child at its full Time, and I saw no bruises on it.

William Brown the Night-man thus depos'd. Mrs. Holiday's Vault and this are both in one at the bottom, and there is only an Arch that parts then at top. I had empty'd 6 Tun, and was about the 7th when as I sunk the Soil, I saw something pop out of Mrs. Holidays Vault, which at first I thought was a Dog, but when I brought it up in a Pail, I found it was a Child. I believe it had laid there 5 or 6 Weeks, though it appear'd very fair, but I could give a pretty good ghess, because I had been such things before.

Margaret Holiday thus depos'd. When Isabel Brown told me that she believ'd the Prisoner was brought to Bed, it was but about 7 or 8 Days before the Child was found; I never saw any sign of her being with Child, and should never have mistrusted it, if Brown had not put it into my Head.

Elizabeth Powell the Midwife thus depos'd. The Child came at its full Time. I saw no hurt on it. It came into the World without the help of a Midwife, but whether born alive or dead, I cannot tell. I ask'd the Prisoner if she had ever had a Husband, she said no, I examin'd her Breasts, and made her draw her Milk, which I carry'd in my Hand to the Jury; Then I told her, that she had had a Child. She said no, but she had miscarried about 5 Weeks ago, when she was 4 Months gone, which I could not contradict, for she might have had Milk, if it had been 8 or 10 Weeks after such a Miscarriage. The Prisoners Confession was then read in which she owns; That being about 4 Months gone with Child, she fell down, in the Old Paved Alley in Pall-mall, and finding herself very much disorder'd with a violent pain in her Back, she went into Mr. Bowchers Vault, (which is not the Vault where the Child was found) and there while she sat on the Seat, the Child dropt from her Body, which was what she did not expect when she went thither.

The Prisoner thus made her Defence. I am Married, but my Husband is at Sea, I kept it private for fear of displeasing my Friends. - But when I found my self with Child, I spoke to Mrs. Southwell, to provide me with a Midwife and a Nurse, and often desired the first Witness Isabel Brown , to help me to some Child-Bed-Linnen, and some I made my self, which I have here to produce.

Eliz. Southwell thus depos'd. The Prisoner on the ninth of August last desired me to let her have my Room to lye inn, and to chuse her a Nurse and a Midwife.

Isabel Brown thus depos'd. The Prisoner has often asked me to help her to Child-Bed-Linnen; and because I did not do it, she was very angry with me, and ask'd me how I could serve her so, and that was all the reason that I had to suspect she was with Child.

Ferdinand Lanson thus depos'd. I lodge at Mrs. Holiday's I have been several People who did not belong to the House, go to the Vault where the Child was found, for there is an open Passage to it. I always believed the Prisoner to be a very sober modest Woman. A great number of Witnesses appeared in favour of her Character, and the Jury acquitted her.

George Rose , was indicted for assaulting Mary the Wife of Abraham Churchill on the Highway, and taking from her a Gold Ring, value 18 Shillings , Sept. 21 .

The Witnesses thus depos'd. Mrs. Churchill was going by the end of Bridges-street (her Husband being a little behind) the Prisoner catch'd hold of her Hand, pull'd off her Ring, and ran away. She cry'd out stop Thief, he was taken, and dropt the Ring. Guilty of Felony .

[Transportation. See summary.]

Elizabeth Lewis , was indicted for stealing a pair of stockings the Goods of Anthony and Percival Heslem , Octob. 4 . Guilty to the value of 10 d.

[Whipping. See summary.]

Mary Clark was indicted for stealing 24 Shillings , the Money of Mary Church , June 8 . Guilty .

[Transportation. See summary.]

Anne Lane , had indicted for stealing a Gown and Petticoat, value 50 s. a Table-cloth, and 30 s. in the House of Joseph Barber . Guilty 39 s.

Aaron Evans thus depos'd. About eleven at Night, I met the Prisoner and another Woman upon London-Bridge, I was drunk you must know, and so I asked them to go and take a Pot with me. We went to an Ale-house; but the Landlady would not let us have any Drink, for I suppose she did not like the Looks of us. Then the Prisoner said she'd shew the way to a Brandy-shop; but before I came there, one of them pick'd my Pocket. I charged a Constable with her, and he found the Money in her Mouth. - I had never seen the Prisoner before that Time. The Constable depos'd, that he took the Money from the Prisoner, and she in her Defence said that the Prosecutor had been several times in her Company, and commonly twice a Week; that she was with Child by him, and he gave her the Money to provide for her Lying-inn. The Jury found her Guilty . Death .

Richard Williams , and Roger Griffis , were indicted for stealing a Coney-wool Bed, a pair of Sheets, and other things , the Goods of Daniel smith , Sept. 26 Griffis was acquited , and Williams found Guilty .

[Transportation. See summary.]

Jenkin Davis , was indicted for the Murder of William Berry , by throwing him against a Stone-Pavement; whereby he received one mortal Bruise on the back part of his Head, on the 10th of September , of which he languished till the 13th of the same and then died . He was a second time indicted on the Coroners Inquest for Manslaughter.

Rachael Dickinson thus depos'd. Between five and six in the Morning, as I was standing at Mr. Scarlet's Door in Picadilly, about 40 Yards from the Prisoner's House; The Deceas'd (who was a Gardener's Boy about 19 Years Old) was going along with a Whip in his Hand. As he was passing the Prisoner's Door, a Dog came out from thence and ran at him. He whipt him, upon which the Prisoner came with a Candlestick in his Hand with a Candle in it about as long as my Finger. He collared the Boy, and struck him under the left Ear, with the Nosle end of the Candlestick. The Boy presently reel'd and fell down backwards on his Head. The Prisoner took him up and went for a Surgeon.

Martha Meridith thus depos'd. The Boy went along smacking his Whip, and whistling and singing like a Nightingale, the Dog ran at him, and he whipt him. The Prisoner came out, and said, Sirrah, what do ye whip the Dog for, and with that he struck the Boy (I think, but I am not positive) with the Foot of the Candlestick on the Right side of the Head. The Boy Stagger'd, fell down, and gasped. I bid him fetch a Surgeon, and he went from me, and left the Boy to the care of a Chairman, I was within 4 or 5 yards when the Blow was given.

James Keller thus depos'd. I keep the Hamtshire-Hog next Door to the Prisoner. Mr. Jewit called for a point of Purl, and sat down on the Beach. - When I brought it up, the Prisoner said to me, Did ye ever see such a sad Accident? How came it? says 1. Why, says he, I struck him only with my Hand. Then he had me look on the Deceas'd's Head, and see if any hurt was done to him, but I could see no Mark at all.

Arthur Jewit thus depos'd. After the Boy had whipt the Dog, the Prisoner came out with a Candlestick in his right Hand, and endeavoured to take away the Whip; they strugled together, and he struck the Boy once with his left Hand, but I did not see any Blow given with the Candlestick; but after the stroke, the Boy Stood two pulls for the Whip, and then losing his hold, he reel'd towards the Kennel and fell. Thomas Berry the Deceased's Brother depos'd, that the Deceased told him on his Death-bed, that the Prisoner struck him with the Candlestick, and that he forgave him, but desir'd he might suffer the Law.

Several Surgeons depos'd that the Deceased had an Apoplectick fit; that they had his Head shaved and made and Incision, but found no Fracture nor any signs of the Head being hurt. - But when he was dead, they opened his skull, and found much extravasated Blood in the Brain. From thence they suppos'd that the Blow receiv'd in the Fall, occation'd a great Concussion of the Brain, by which means some of the small Vessels were broke.

The Lord Scarborough, and several. Gentleman of Distinction, gave the Prisoner the Character of a very sober, peaceable, and good-natur'd Man. The Jury found him guilty of Manslaughter .

John West , was indicted for that he (with John Floyd and Henry Buford not yet taken) did assault Katherine Boyde on the Highway, and take from her a Riding-hood, a pair of Clogs, and a Handkerchief , Aug. 23 . Guilty of Felony .

Robert Rose , was indicted for Stealing a Bridle, value 2 s. a Pannel Value 6 s. and a brown Gelding value 9 l. the Goods of Thomas Miller , September 14 .

Thomas Miller thus depos'd. I went to Waltham Fair, and put my Horse up at the Green Man at Waltham Abby , about 11 in the Morning, from whence he was lost before 3 in the Afternoon; but on the Friday following I found him again in Smithfield, where the Prisoner offered him to sale; when I ask'd him where he got the Horse him away for another Horse, with Waltham Abby.

Thomas Barns thus depos'd. I carried the Horse to Grass in the Field belonging to the Green Man without taking off the Bridle and Saddle, and when I came to look for him, he was gone, and an old scrubbed Horse with a Bridle and a Saddle left in his room, and I suppose that was what he mean by swapping.

Thomas Wyat thus depos'd. The Prisoner brought the Horse with the Bridle and saddle to my Stable for the Market, and would have had me to have sold him; but I refus'd, and advis'd him to do it himself. Guilty . Death .

Sarah Tipping and Martha Minton were indicted for stealing a silver Mugg, value 7 Pound , the Goods of William Bates

It appeared, that the Prisonersoffering to sell a piece of a Silver Mugg to Mr. Hopkins a Goldsmith, he stopt it upon Suspicion, and advertis'd it; upon which the Prosecutor who had lost it, he knew not how, came and described the marks and claimed it. The Prisoners in their Defence said, found it wrapt up in a Rag in Smithfield, and so they were Acquitted .

It appeared, that the Prisoner was a Lodger and a Chare-woman in the Prosecutor's House at Holbourn-bridge . -- He mist a Silver Buckle and several and things, upon which he mistrusted her, and at last found the Pocket Case upon a Person she had sold it to. In her Defence she said she found it in sweeping the House, and the Jury Acquitted her.

Thomas Butler , and Henry Wheeler , were indicted for privately stealing a Wig, value 30 s. and a Hat, value 7 s. the Goods of John Langstone September 26 .

John Langstone thus depos'd. On Sunday Night, I came home to my Master's House in Wood-street about 10 a-clock, and found I was shut out; upon which I took a walk for an Hour or two; at last I set down upon the Bench within two Doors of my Masters, and fell asleep. I awaked about 5 in the Morning, and mist my Hat and Wig.

Paul Richards thus depos'd. The Prisoner and I going along Wood-street, and seeing Langstone asleep, they consulted to steal his hat and wig. Butler took them both off, and gave the Hat to me, and the wig to Wheeler, who at the time it was taken was gone aside to ease himself. We sold the Hat at Highgate for half a Crown and a full Pot and Wheeler Sold the Wig for Six Shillings to one of the Prisoners in Newgate. A great many appeared to the Reputation of the Prisoners, and gave them the Character of very Sober, honest Boys till the Committing this Fact. The Jury Found them guilty to the value of 10 d each .

[Transportation. See summary.]

John Williams was indicted for Stealing a Coach-Seat, value 20 s , the Goods of William Jewson , Octob. 11 .

William Pippin thus depos'd. I was going along Smithfield with any Coach, and happening to turn about, I saw by the Lamp-light the Prisoner at the Coach-door; I asked him what he wanted, he made no answer, but snatch'd out one of the seats and ran away. I followed him to Cow-lane, where he gave the seat to another, who ran down the Lane, and he himself ran into the Sheep-pens. I cry'd stop Thief, and he was taken by Jonathan Knight and William Ram . Guilty .

[Transportation. See summary.]

Anthony Drury , of the Parish of Eling , was indicted for assaulting Thomas Eldridge on the Highway, putting him in fear, and taking from him a Bag, value 2 d. a Fan, value 1 s. a Hamper value 6 d. 15 Moidores, 210 Guineas, and 80 half Guineas , the Goods and Money of John Burrows , Sept. 25 .

He was a second time indicted for assaulting Sarah the Wife of Robert king on the Highway, and robbing her of 2 s. 6 d. the Money of her Husband , Sept. 25.

He was a third time indicted for assaulting Thomas Eldridge on the Highway, and taking a Callicoe Gown and Petticoat, value 20 s. the Goods of Giles Betts , Sept. 25.

He was a fourth time indicted for assaulting Mary the wife of Joseph Page on the Highway, and forcibly taking from her 2 s. 6d. The Money of her Husband , Sept. 25 .

Thomas Eldridge thus depos'd. On Sunday Night betwixt Eleven and Twelve, as I was driving the Bister Waggon for London, in Company with other Waggons, the Prisoner Pass'd me several times on this side of Southwell. He was in a red Rug-Coat and a laced Hat, and rode upon a Grey Horse. I could see his Face plainly, for it was a very light Night, He stop'd his Horse, look'd hard at me, and asked where Mr. King was. I told him in the Waggon, for Mr. King was the Waggoner , and had desired me to ride his Horse while he went in to Sleep. - Then the Prisoner went off, and in a little while he came riding up again full speed, and swore he'd Shoot me, if I did not stop the Waggon, and order'd Mr. King to come out and stand by the Horses. Then he went to the tail of the Waggon, and call'd for a Knife to cut the Ropes. I told him I had got no Knife, but if he'd have a little Patience, I'd untye 'em. He swore he was in haste and could not stay so long, and so he gave me his own Knife, and ordered me to cut 'em. He told us the road was beset with Highwaymen. Some Women and Children that were in the Waggon got out. He ordered several Hampers to be taken down. I told him I Wondered what he wanted, for I knew of nothing in the Waggon of any great Value. He swore he wanted Money, and would have it before he went, or else all the Hampers in the Waggon should be shot into the Road. At last he took a brown paper Parcel out of a Hamper, but what was in that Parcel I cannot tell; but it seem'd to be pretty heavy for the bigness. He attended us near two Hours in all. I did not take him for a Highway-man at first, but only for some Maggotty London Gentleman, that was got upon a drunken Frolick. On the Tuesday following I apprehended him at the Black-Boy and Unicorn at West-Wickham. I had described him so exactly to my Landlady, that he coming there, she suspected him to be the Man, and sent for me. I first went to look on his Horse, which I knew by several Spots on his Head. Then I went into the Kitchen where the Prisoner was drinking with - Barret, a Banbury Waggoner. The Prisoner said he wanted to speak with Mr. Watts about a Marble-Table. I took no Notice that I knew the Prisoner but said I'd go see for Mr. Watts. I told Mr. Watts that the Prisoner was the Man that rob'd the Waggon. He at first was in a great Passion at what I said, and told me that Mr. Drury was a Gentleman that lived in very good Credit at Wendover; but when I insisted upon it, he went to the Inn, and kept him in Discourse while I fetched a Constable. We found a Pistol upon him, about 7 l. in Money, and some Bank Bills, and a Receipt, which made up near the Money that was lost.

Thomas Wood thus depos'd. I was walking for London, and overtook the Waggon. I saw the Prisoner very plainly, and suspected him to be a Highway-men, he had a Screw Barrel Pistol in his Hand. - He Swore it would be to no purpose to make resistance, for there were 20 more Highway-men upon the Road. - This was within a Furlong of Eling, at the end of the Lane.

Robert King the Waggoner thus depos'd. - I got out of the Waggon, just as the Person that rob'd it came up. - He took the Parcel out of the little Hamper, which was deliver'd to me, by John Burrows of Bister, and directed for himself, for he was going to London.

Sarah King thus depos'd. I was asleep when the Prisoner came up Thundring and Swearing. I got out, and went to the next Waggon but one, where Mrs. Wheeler was. O, says she, Kill him a Rogue, I know him, I have liv'd with him at Bister. He came up to me. I look'd him in the Face, and he Swore D-ye give me your Money, and so I gave him 3 or 4 Shillings.

John Burrows thus depos'd. Having occasion to send some Money to London, I put up 15 Moidores and 250 Guineas, in a Linnen Bag, which with an old Fan, I Wrapt in a dirty Gown and Petticoat, belonging to Mr. Bats; I cover'd these with two or three Sheets of Brown Paper, which I ty'd with Pack-thread, and put into in to a small Hamper, directed for my self, and delivered it to the Bister Waggoner. This Gown and Petticoat, Fan and brown Paper, I found at Mr. Lowes at Wattleton, where it was left by the Prisoners Order.

Elizabeth Low thus depos'd. I live at the Crown at Wattleton. About 10 in the Morning, of the Tuesday after the Robbery; The Prisoner came to my House, and desir'd to direct him to somebody that would return 50 l. for him, to London. I advis'd him to Mr. Hern, who readily served him. He desir'd me to change 7 Moidores for Guineas, but I refus'd. He sent my Husband to Thomas Lamdens at Reading, for a Parcel. When it came I open'd it, and saw that it was this old Gown and Fan.

John Gray thus depos'd. Before the Prisoner was searched, he said, he had no Pistols about him, not ever had in his life, but one was quickly found, and 7 l. 6 s. in his Pocket, and when his Coat was pull'd off, we perceive'd a little Parcel sew'd under his Arm-pit, which we ript open, and found there, a Bank Note for 100 l. and another for 20 l. a Bill of Hern on Perry, for 50 l. another of Burt on Marriot for 20 l. and a Receipt of 78 l. 18 s. paid at reading. The 2 Bills and Receipts, where dated after the Robbery.

Thomas Watts thus depos'd. About 2 in the Afternoon on the Sunday of the Robbery, I saw the Prisoner ride through Wickham, in a red Rug Coat and a Laced Hat; and on the next Tuesday, when Eldridge call'd me over, I ask'd the Prisoner where he had been, and he told me in Gloucestershire. Why I am sure I saw you ride through here, on Sunday last, says I, No indeed, says he, you've mistaken, for I was then 30 Miles off. - Mr. Hawkswell depos'd to the same Effect, and likewise confirm'd the Evidence of John Gray .

Mary Page thus depos'd. I was in the Banbury Waggon, which went a little before the Bister Waggon. - The Prisoner came up to me, and rob'd me of half a Crown. There were 7 or 8 Waggons in Company.

Jonas Hannaway thus depos'd. I was very intimate with the Prisoners, when he lived at Bister, where I live now, and went to see him in Aylsbury Jail, when I found 3 Gentlemen with him. He told them that he was Innocent, and could prove where he receiv'd the Money, and at what place he was, at the time of the Robbery. - When the Men were gone, I ask'd him how he could have the Impudence to deny the Fact, When things were to plain against him, and told him it might be better for him to speak the Truth, Then he confest, and said that the Notes and Bills that were taken upon him, were purchas'd with Mr. Burrows's Money, and that if they would stop the Prosecution, he would make up the whole Money to them.

The Prisoner made no Defence, but said, that his Witnesses were not ready. The Jury found him Guilty . Death .

Matth.ew Hardy of Stanmore , was indicted for stealing a Chesnut Gelding, value 35 s. The Goods of William Bensted , August 1 .

William Bensted , thus depos'd. I lost my Horse out of the Close, betwixt Peckham and Camberwell. I had a Friend at Stanmore, that knew the Horse, and he wrote me Word, that the Horse was there. I and my Brother Wakeman went, and found him in the Hands of Mr. Nichols, and he directed us to two Brothers, Robert Barns , and Robert Larking at Edgworth, of whom he bought the Horse. Barns and Larkins depos'd. That they (in Partnership) bought the Horse of the Prisoner, and sold him to Nichols. - The Prisoners Confession was read in Court, and the Jury found him Guilty . Death .

Thomas Hide of Hendon , was indicted for stealing a Brown Gelding, value 5 l. the Goods of John Nichols Esq ; July 14 . He was a 2d Time indicted for stealing a Cock, and four Hens , the Goods of John Nichols Esq; July 14.

Mr. Nichols depos'd. That on Thursday the 14 of July, he lost his Horse out of his Grounds at Highwood-hill . That the Barn Door was broke open, and the Fowls taken away.

John Wager thus depos'd. I bargain'd with the Prisoner for the Horse in Smithfield, and we went to the Toll-book, to have him toll'd. Where's the Man to Vouch for him, says I. Indeed says the Prisoner, I am afraid that none of my Friends are here, for I live as far off as Hendon. Who do ye know there? says I. All the Parish says he, and named a Relation of mine, and so I gave him a Guinea earnest for the Horse, and was to give him the rest, when he brought a Voucher.

The Prisoner in his Defence said, that the Horse was lent him by William Brown , one of the Prosecutors Servants.

William Brown thus depos'd. I was got drunk, and I lent him the Horse its true, but it was only to ride 3 or 4 Miles, and he promis'd to bring him back in 2 hours, but he rod quite away with him, and brought him no more, and so then I went and told my Master of it. And another time when I was full of Liquor, he says to me, Will, says he, lets go and steal Mrs. Nichols's Fowls. No says I, 'twill be the ruin of us, but he would not be said nay, and so I and John Gough , went along with him, and - Nay nay its true enough, and you're a wicked Lyar for denying of it, - and so as I was a saying, we broke open the Door, and stole the Cock and 4 Hens.

John Gough depos'd. That the Prisoner offer'd to sell him the Horse the next Morning, and others depos'd the same.

The Prisoners Confession was read, wherein he says; 'That Brown lent him the Horse to ride where ' he pleas'd, and that they stole the Fowls the same ' Night. That Brown and Gough afterwards agreed ' to sell the Horse in Smithfield, and that he receiv'd ' a Guinea in part of Payment for the said Horse The Jury found him Guilty . Death .

Jane Keatly , alias Long , was indicted for that whereas at the Sessions held in August last, at Justice Hall in the Old Baily, Katherine Fitzpatrick was convicted Capitally, for privately stealing 19 Yards of Green Denmark, value 9 l. in the Shop of Mess. Gifford and Ravenel . She the said Jane Keatly alias Long, did afterwards receive the same, knowing it to be stolen , October 10 . She was a 2d Time indicted, for that she being a Person of ill Fame and Character, and a common buyer of stoln Goods, did receive 27 Yards of White Damask, value 8 l. the Goods of John Prudom and Company , she knowing the same to be stoln, (by Persons to the Jury unknown .

Mary Burton thus depos'd. I and Fitzpatrick, who is since Executed, stole the green Damask in the Shop of Gifford and Ravenel, and it was pawn'd by Theodosia Kirk ; after which we thought it was better to sell it outright, whereupon Fitzpatrick told me, she'd go and see if the Prisoner would buy it; She went accordingly, and when she came back, she brought 6 Guineas, which she said she had of the Prisoner in part for the green Damask, and that the Prisoner would bring a Guinea and a half more. We redeem'd the Damask, and the Prisoner brought the rest of the Money, and paid it down to us, but she complain'd it was a very hard Bargain, and said that it was a Bad Damask, and very coarse. I deliver'd the same Damask to Martha Turner alias Boswell , (Sister to Fitzpatrick alias Boswell) and she carry'd it to the Prisoner.

Martha Turner thus depos'd. By my Sister Fitzpatricks order, I took that green Damask from Mary Burton , and carried it to the Prisoner, I heard her say, that she believ'd my Sister dealt with People, that did not come honestly by the Goods.

On the 2d Indictment Mary Burton thus depos'd I was at the stealing of White Damask, at the 7 Stars on Ludgate-hill. Fitzpatrick and I, went with it to the Prisoners House in Cooks-Court, I waited without, while she carried it in. The next Day, we both went for the Money. The Prisoner seeing me there, and not knowing me, she held the Money (which was 6 Guineas) in her Hand. and said softly to Fitzpatrick, Shall I pay ye? and at same time gave her a cautious look, as if she doubted whether or no, it was safe to pay the Money before me, who was a Stranger. Fitzpatrick satisfied her, by telling her that I was one of the Women, and then she paid the Money.

Martha Turner thus depos'd I saw that Piece of white Damask at the Prisoners House. She told me that she had it from my Sister, and did intend to make it up for herself.

Mr. Hewit thus depos'd. When we went to search the Prisoners House, she beg'd of us to keep our business secret, and pass for Officers that were searching for Run Goods. We found nothing then, that we could Swear too, and before we came again, she was fled. - We had intelligence, that she was at a House in Brook-Street, to which place we went, and enquir'd for Mrs. Keatly. Indeed, says the Maid, there's no such Person lives here. We have but one Gentlewoman that lives above, and her Name is Long. We concluded that she was the Person, and that she had taken up a new Name, to prevent discovery, and so we desir'd to speak with Mrs. Long. The Maid went up, and brought us back word, that she would wait upon us, but she not coming, we sent the Maid up again, and she then brought us word, that she had mistaken her Message before, for Mrs. Long was very busy, and pray'd us to call another time. Upon this Answer we rusht up Stairs, and Mrs. Long hearing us, she ran up into the Garret to hide herself, but we were quickly after her, and found that Long and Keatly were but one Person.

The Prisoner in her Defence, call'd several Witnesses to her Reputation, and said, that Mary Burton had once Swore before Col. Ridley, that the Gown she then had on, was stoln, when she could prove the buying of it.

Col. Ridley thus depos'd. When the Prisoner was brought before me, Mary Burton Swore that the Gown the Prisoner then had on, was stoln from Mr. Wells at the Blackmores-head. Upon which the Prisoner produced a Bill of Parcels for the said Silk, and upon Examination it appear'd that she bought it.

Mr. Moons thus depos'd. When the Prisoner was apprehended, I dont remember that Burton ever said positively, that she stole that very Silk on the Prisoner's Back, but that she stole such a Piece, which might very easily be, for it was so common a Silk, that it might be had in most of the Mercers Shops in London. The Jury Acquitted her.

Abigail Whitlow , was indicted for stealing a Pewter Dish, a Bible, a pair of stays, and a box Iron , the Goods of Austin Moor October 8 . Acquitted .

Mary Lemell was indicted for stealing 14 Yards of yellow Damask Silk, the Goods of Wiliam A ate and 14 Yards of Tabby Silk, the Goods of Arther Eastmead , in the House of Elizabeth Williams Sept. 3 . Guilty 39 s.

Elizabeth Miller , was indicted for stealing 2 Sheets, the Goods of Thomas Morris , and a Smock and a Suit of Headclothes, the Goods of Ann Harvey , 4. Acquitted .

John Steward was indicted for breaking and entring the House of Thomas Dun , nobody being therein,and stealing 2 Gowns, two Petticoats, 6 Aprons 3 Shirts, 2 Smocks and a Common-Prayer Book Sept. 17 . Acquitted .

Isabel Lewis, was indicted for stealing four Napkins , the Goods of Ebenezer Tayler .

She was a second time indicted for a Misdemeanor for receiving 19 Yards of blue Sarcenet , the Goods of Esther Dobbins which were stoln by Persons unknown to the Jury. She knowing the same to be stoln.

Ebenezer Taylor thus depos'd. I lost the Curtains and found them on Eliz. Strange, who told me that she had them from the Prisoner - But Elizabeth Strange not appearing, the Fact could not be Proved.

Mary Burton thus depos'd. Turner, Fitzpatrick, and I stole 60 Yards of blue Sarcenet from Mrs. Dobbins's Shop, the Indian Queen in Holborn ; we equally divided it, and I sold my share to the Prisoner for 13 d. a Yard.

The Prosecutor thus depos'd. Coming home between 12 and 1 in the Morning, I met the Prisoner who stopt me; and after I had had 3 or 4 Minutes Conversation with her, I mist my Watch; upon which I called a Constable and delivered her over to his Care, but had not Sense to search her my self, but left it all to him, for he told me that he'd wheedle her out of it before Day-light, but I never got it again.

The Prisoner thus made her Defence. My Eyes were dazzled just as I came under a Lamp, and so I ran against the Prosecutor; he took hold of me and said he would go with me, or I should go with him; but I refusing both, he began to call me Bitch, and swore I had stoln his Watch. Acquitted .

John Douglas , was indicted for stealing a Frock and a Wastcoat , the Goods of Robert Read , Sept. 23 . Guilty 10d.

[Transportation. See summary.]

Mary Mattors , Ann Wood , and Eliz Wells , were indicted for stealing several Goods in the House of Robert Calloway , June 10 . But no Evidence appearing, they were acquitted .

Job Evans , was indicted for returning from Transportation ; but no Evidence appearing, he was acquitted .

The Tryals being ended, the Court proceeded to give Judgement as follows: